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Danish Association for Prevention of Product Piracy - International Law Office

International Law Office

Intellectual Property - Denmark

Danish Association for Prevention of Product Piracy

October 08 1998

A number of Danish businesses and organisations have founded an association the object of which is to prevent counterfeit products and product piracy. The association works by collecting and spreading information regarding the importance of obtaining effective rules and enforcement rules for the preventing of parasitic commercial activity. The association also collects and spreads knowledge of product piracy businesses and co-operates with public authorities and institutions, thereby influencing these to a continuously more effective intervention against product piracy. The founders are corporations such as LEGO, B&O, Egmont Entertainment and organisations such as Danish Design Centre, Confederation of Danish Industries and the Organisation of Suppliers to the Sports Industry. Enhancing the need for such association is i.e. that the EU Commission predicts a significant increase in the trade with pirated goods in the years to come. Already, in practice a number of pirated goods are imported not only from the Far East, but also through the Central and East European countries and the Baltic States. Special consultant Bernhard Posner of the patent agency Hofman-Bang handles the secretariat while attorney Peter-Ulrik Plesner, Plesner & Grønborg, handles the chairmanship. All in all it may be concluded that at present there are no grounds for maintaining that a special rule of passivity exists in cases concerning interlocutory injunction. Possibly such passivity objection does exist for all of or parts of the individual disciplines within the area of intellectual property rights. As a main rule such objection must, however, be made as a main objection during the subsequent and compulsory case on the merits or in an ordinary court case dealing with a claim for injunction. It cannot be rebutted that a request for an interlocutory injunction will be refused in accordance with the principle of proportionality if the proprietor has shown passivity. The conditions hereof are, however, unclear and the latest practice shows that the proprietor is allowed at least three quarters of a year after establishment of the infringement before the right is forfeited.

For further information on any of the above topics please contact Merethe Eckhardt-Hansen at Plesner & Gronborg on 45 33 12 11 33 or by e-mail to eckhardt.hansen@psglaw.dk

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